What do arbitrators consider when they are presented with conflicting facts by the parties?
An arbitrator’s decision must always be based solely on the evidence that is submitted. In cases where conflicting versions of an accident/loss are presented (i.e. conflicting insured versions of a motor vehicle accident), and no other evidence corroborates either insured’s version, determining liability will most likely be impossible. An exception would be where the filing company is an innocent party (i.e. parked or legally stopped vehicle) seeking recovery from multiple respondents whose accident caused their damages. In these cases, while the specific liability percentage of the respective responding companies may not be determined, the filing company has proven that their damages were the result of their accident and an award may be apportioned equally amongst the responding comapnies.
Related Questions
- Assume the same facts as FAQ 205.9. If the parties agree to shift the trade reporting obligation to BD1, is BD2 responsible for timely reporting of the trade?
- What do arbitrators consider when they are presented with conflicting facts by the parties?
- What qualifications should parties look for in selecting their arbitrator(s)?
